Your boss heard about this case but does not know the details. Describe the case to him or her. Address the following:
• What are the key facts?
• Who filed the initial lawsuit and for what reason(s)?
• Did the defendant file a counterclaim against the plaintiff, and if so, for what reason(s)?
2. What type of lawsuit did the plaintiff file and how did the lower court(s) rule?
The cases included in the textbook are from an appellate court; i.e., there was at least one prior ruling from another, lower court that is being appealed. Describe the legal actions that happened up to the point of this appeal (Case Posture) (see the paragraph(s) at the end of the FACTS):
• Who filed the initial lawsuit?
• What was the initial legal claim(s)* filed by the plaintiff (e.g. fraud)?
• What remedy was the plaintiff seeking (e.g. recission of the contract)?
• If the defendant filed a counterclaim against the plaintiff, what type of legal claim did the defendant make?
• How did the initial court (or magistrate or arbitrator) rule? If more than one court, how did each court rule?
3. What court wrote this Opinion and what was the legal issue on appeal?
Describe which party appealed and to which court, as well as the legal question this Court was addressing (read and synthesize from the paragraphs at the end of the FACTS, the OPINION and the INTERPRETATION):
• Who filed the appeal?
• What is the name of the court in which the appeal was filed (i.e. which court rendered the Opinion in this case – see the light blue banner) (the “Court”)?
• What was the issue on appeal (i.e. the legal question(s) the court addressed in its opinion (e.g. whether silence about a material fact can amount to fraud)?
4. What legal rule(s) did this Court reference to make its decision?
Search for ALL of the legal rules referenced by the Court, such as the elements of the legal claim or the statute (see the Opinion section of this case). You may quote directly from the case here – just be sure to include parentheses around your quotes.
EXPAND
PERSPECTIVE 5. What were the Plaintiff’s Legal Arguments?
• What legal arguments did the plaintiff make as to why the plaintiff should prevail on appeal? (You may have to infer from the Opinion)
6. What were the Defendant’s Legal Arguments?
• What legal arguments did the defendant make as to why the defendant should prevail on appeal? (You may have to infer from the Opinion)
7. What was this Court’s Decision and Reasoning?
Describe the final decision of this Court and WHY if ruled this way:
• What was the final decision of this Court?
• Summarize how the Court applied the facts to EACH element of the applicable rule(s) to make its decision.
BE CURIOUS
AND SEARCH
FOR
KNOWLEDGE 8. Search for Answers: What are you curious about and what did you find from your search?
Pose your OWN question and search for an answer in the case through Westlaw Campus research. For example, suppose you are puzzled by the court’s decision and you want to read additional facts and explanations that are not in the abstracted version. Perhaps you are curious if this issue was decided differently by a court in another state.
To look up this case in Westlaw Campus Research database (in the Library tab) enter one of the case citations in the light blue banner (e.g. 193 Cal.Rptr. 130 is one of the citations for the Reed v. King case on page 233).
In your answer, address:
• What question did you ask?
• Describe what you discovered (cite the other case if you looked up another case, or reference the page number if you found information in this case?
THINK
CRITICALLY 9. What evidence was key to the outcome?
• What facts were key to the outcome in this case?
10. Change up: What if the facts were different?
• Pose the question: What if the facts were different? Create changes to the facts that would probably have resulted in a different outcome of the case and explain why this would have made a difference.
11. What is the impact?
• Consider the ethical, legal, business, and societal impact of this decision. Do you agree or disagree with the outcome? Why or why not?
THINK
STRATEGICALLY 12. What are your insights and recommendations?
• How can you apply the insight you have gained to your future career or business transactions?
• What do you recommend to businesses as a proactive legal/business strategy in light of the outcome in this case?
FAQs:
What can I do to best prepare myself for class?
I FIND RE-READING THE CASE TWO TO THREE TIMES FOR A CLOSER READING OF THE DETAILS IS MOST HELPFUL FOR ME.
What is the best source to learn court system and legal terminology?
I really like the U.S. Supreme Court website located at https://www.supremecourt.gov/ It has sections about the justices and frequently asked questions. The coolest thing to me is that it has the actual AUDIO from the arguments before the court. For example, under the tabs Oral Arguments/ Argument Audio, you will find a case Thole v. U. S. Bank, N. A. Click on this and you can hear the recent arguments about a claim against the trustee who lost over $750,000 in this pension fund. Another quick source to get an overview of the civil court system is https://civilprocedure.uslegal.com/trial/
Also, don’t forget your textbook. Scan chapters 1,3, and 6 for an introduction to the law and overview of the civil and criminal process if you need a refresher of basic legal terminology.
What is the difference between “legal claims” in question 2 and “legal arguments” in questions 5 and 6?
Question 2 asks about what the legal claim(s) the plaintiff filed initially. Every case has to be filed based on one or more legal claims or remedies. For example, a personal injury suit may be filed for “negligence”. A party may file a contract claim for breach of contract or for fraud in formation of the contract. In response, the defendant may file a counterclaim against the plaintiff, which is a lawsuit against the plaintiff. For instance, in an automobile accident, the plaintiff may file a claim against the defendant alleging the defendant was negligent and caused the injuries. In response, the defendant may file a counterclaim alleging the plaintiff was negligent and caused the injuries.
In comparison to the legal claim and counterclaim, Questions 5 and 6 probes into why the party should prevail on this appeal. The appeal was filed to address some error alleged in the lower court ruling or to interpret the law in that jurisdiction. Thus, each party presents legal arguments as to the issue on appeal and why it should prevail on appeal.
Example: Read the Rubin v. Yellow Cab case on page 634 in your textbook.
For Question 2 the plaintiff’s legal claim was that Yellow Cab should be liable as the employer under the doctrine of respondeat superior because Ball, the driver, was an employee of Yellow Cab and was on duty when he hit the plaintiff with a metal pipe.
For Question 5 and 6, you will elaborate on the arguments for each party. Sometimes, the case does not go into detail as to what one of the party’s argued. In many instances, we have to infer based on what the judge wrote or what could be a reasonable inference from the facts and legal issues. For example, in the Rubin case again:
To address question 5, Rubin argued that the driver, Ball, committed the battery within the course and scope of his duties as a cab driver and his actions were designed to further the business of Yellow Cab. Specific points argued by Rubin were that Rubin was (1) investigating the accident (2) protecting Yellow Cab’s property, and (3) preventing plaintiff and others from deterring his progress to the airport to obtain more fares.
In response to question 6, Yellow Cab’s argument was that the doctrine of respondeat superior did not apply because Ball’s action was outside the course and scope of his employment duties. We also make reasonable inferences based on what the judge said in the Opinion for the defendant’s arguments (since the judge discussed these points): the defendant possibly argued that Rubin was not impeding the investigation of an accident; the damage had already been done so Rubin was not protecting Yellow Cab’s property, and the delay to the airport had already occurred due to the accident so hitting Ball with a metal stick was not preventing further progress to the airport.
WRITING ASSIGNMENT TWO
Part One: Brief and analyze Carter v. Tokai Financial Services, Inc. (See, pp. 388,389 in your textbook).
Part Two: Apply what you learned in Carter v. Tokai Financial Services, Inc to the below fact pattern.
The Case of the Business Furniture
Background:
Frank Sottolano served for 20 years in the U.S. Army, including a 10-year stint as a paralegal with the Office of Judge Advocate General. Following his service, he took advantage of the G.I. Bill and obtained his J.D. at the Nashville School of Law. He successfully passed the bar exam and is now a licensed attorney. Frank has always wanted to perform criminal defense work and decided to open his own firm.
Frank secured an office, purchased a computer, but needed to secure office furniture for himself and his assistant. Frank went to Nashville Office Interiors and picked out desks, chairs, shelves and even some artwork to hang on the walls. Money was tight, so Frank entered into an office furniture lease agreement that extended over 36 months. Crest Capital provided financial backing for the transaction. To secure delivery of the furnishings, Crest Capital required that Frank personally guarantee performance under the agreement. The agreement expressly stated that it was a finance lease as defined by Article 2A of the UCC and permitted purchase of the equipment upon conclusion of the lease for a mere $200.00.
Unfortunately, Frank’s earlier service in the Army included work in burn-pits in Afghanistan. He contracted cancer and was forced to close his practice after only 11 months. He defaulted upon the lease agreement in month 12 and Crest Capital brought action.
Question :
What Article(s) of the UCC should apply in this scenario? In your answer, use the court’s decision in Carter v. Tokai Financial Services, Inc. to support your argument.